BOARD DATE:	  8 September 2010

		DOCKET NUMBER:  AR20100009164 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal with "V" Device and First Oak Leaf Cluster and the Combat Infantryman Badge.

2.  The applicant states:

* he was awarded the Bronze Star Medal with "V" Device and Bronze Star Medal which are not listed on his DD Form 214
* the Combat Infantryman Badge is also not listed on his DD Form 214
* these items were omitted from his DD Form 214

3.  The applicant provides orders for the Bronze Star Medal with "V" Device and Bronze Star Medal in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 8 May 1969.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 27 October 1969.  He served in MOS 11B assigned to Company E, 2nd Battalion, 12th Cavalry, in Vietnam from 14 November 1969 through 9 October 1970.  On 7 May 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the Army Commendation Medal with "V" Device, Army Commendation Medal with First Oak Leaf Cluster, Air Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal, National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and one overseas service bar as authorized awards.

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 1601, dated 31 January 1970, show the applicant received the Bronze Star Medal with "V" Device for heroism on 10 January 1970 in connection with ground operations against a hostile force in Vietnam.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 15857, dated 27 August 1970, show the applicant received the Bronze Star Medal for meritorious service for the period October 1969 to October 1970 in Vietnam.

6.  There are no orders for the Combat Infantryman Badge in the available records.

7.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 12th Cavalry, was awarded the Valorous Unit Award for actions during the period 1 May 1970 to 29 June 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1972.

9.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion, 12th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 based on DAGO Number 11, dated 1973.  This unit was awarded a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 based on DAGO Number 42, dated 1972.

10.  Department of the Army Pamphlet 672-3, paragraph 6, states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

11.  Department of the Army Pamphlet 672-3 also shows the 2nd Battalion, 12th Cavalry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 42, dated 1972.

12.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

13.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

14.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received two awards of the Bronze Star Medal, one award for valor.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device and First Oak Leaf Cluster.

2.  The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, was awarded the Bronze Star Medal with "V" Device for heroism on 10 January 1970 in connection with ground operations against a hostile force in Vietnam.  He also received the Army Commendation Medal with "V" Device.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant's unit was cited for award of the Valorous Unit Award and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

___x____  _____x__  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Infantryman Badge and 

	b.  adding the Bronze Star Medal with "V" Device and First Oak Leaf Cluster, Combat Infantryman Badge, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Republic of Vietnam 


Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      ___________x______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100009164



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)